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AS HELIOS LLC v. CHAUHAN

Index No. 850023/16. Appeal No. 15214. Case No. 2021-02043.

203 A.D.3d 567 (2022)

166 N.Y.S.3d 123

2022 NY Slip Op 01959

AS Helios LLC, Respondent, v. Pushpa Chauhan et al., Appellants, and M&T Bank, Also Known as Manufacturers and Traders Company, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 22, 2022.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn (James Tierney of counsel), for appellants.

Friedman Vartolo LLP, New York (Richard O'Brien of counsel), for AS Helios LLC, respondent.

Herrick, Feinstein LLP, New York (Meaghan Roe of counsel), for M&T Bank, respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

Defendants Pushpa Chauhan and Paul Eaton (defendants) purchased their Upper West Side condominium (the apartment) on December 19, 2003.* In 2016, plaintiff commenced a foreclosure action against defendants. Plaintiff listed M&T Bank as a named defendant in the foreclosure, in its role as a second mortgagee. On or about April 13, 2017, the motion court granted summary judgment in favor of plaintiff, and defendants appealed. On August 22, 2018...

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